[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic
Beach as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-10-1998 by L.L. No. 2-1998]
It is hereby declared to be the policy of the village that in order
to preserve public peace and good order and to safeguard the health, safety,
welfare and morals within the incorporated area of the village, it is necessary
to regulate and control the operations and conduct of places of public assembly
conducted as cabarets, bars or lounges, dance halls, discotheques, restaurants
or the like in order to fix certain responsibilities and duties of persons
owning, operating or controlling such establishments.
As used in this chapter, the following terms shall have the meaning
indicated:
Any person applying for a license under this chapter.
The permission granted by the Building Inspector for a place of public
assembly to operate, only after receipt of information indicates that all
applicable requirements of this chapter have been complied with.
Any room, place or space wherein musical entertainment, singing,
dancing in a designated area or other form of amusement or entertainment is
permitted in conjunction with the sale or service of food or drink to the
public, except such places providing musical entertainment by mechanical means
without dancing or by having musical entertainment of not more than three
musical instruments, consisting of a piano, organ, accordion, string instrument
or any combination thereof, without any means of electrical or electronic
amplification connected directly thereto.
Any room, place or space which is used, leased or hired out in the
business of serving food and drink for a particular function, occasion or
event and to which the general public is not invited and wherein music, entertainment
and/or dancing may or may not be provided.
Any room, place or space in which dancing is carried on and to which
the public may gain admission either with or without the payment of a fee.
Whenever the term "license" is used in this chapter, it shall also
apply to the terms "temporary license" or "approved license."
An individual partnership, club, corporation, association, society
or any other organized group of persons, and shall include the officers, directors,
stockholders and trustees thereof.
Any room, place or space which is occupied or arranged to be occupied
for recreational, amusement, social, sports, religious, patriotic, civic,
travel and similar purposes, and shall include assembly halls, lecture rooms,
exhibition halls, museums, auditoriums, instruction rooms, dance halls or
studios, cabarets, nightclubs and restaurants; any room or space used for
private banquets, feasts, socials, card parties, bingo or weddings; lodge
or meeting halls or rooms; skating rinks, gymnasiums, swimming pools, billiard
rooms, bowling alleys, archery ranges and halls used for public or private
catering purposes; funeral parlors, private and parochial schools, recreation
rooms, concert halls, broadcasting studios, theaters and motion-picture theaters;
marine public transportation facilities; or any other building, shed or enclosure,
whether indoor or outdoor, coming within the occupancy and other similar classification
of this section as determined by the officer charged with the enforcement
of this section.
A public eating place which is regularly used and kept open for the
serving of food for compensation and which has suitable kitchen facilities
connected therewith, containing conveniences for cooking and kept in a sanitary
condition.
A license granted by the Building Inspector for a limited period
of time, pending his determination on the grant or denial of an approved license.
A.
The Building Inspector of the Village, in accordance
with this chapter, shall have the following functions, powers and duties,
in addition to those provided in any other law, ordinance, rule or regulation:
(1)
To issue or refuse to issue any license or permit provided
by this chapter.
(2)
To revoke, cancel or suspend for cause any license or
permit issued under this chapter.
(3)
To inspect or provide for the inspection of any place
of public assembly regulated hereunder at any reasonable time.
(4)
To prescribe forms of applications for licenses or permits
under this chapter and of all reports which he deems necessary to be made
by any licensee, permittee or applicant.
(5)
To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, examine any person under oath and, in connection therewith,
require the production of any books or papers relative to the inquiry, and
otherwise fully enforce this chapter.
B.
The powers provided in this section may be delegated
by the Building Inspector to any employee of the village designated by him.
It shall be unlawful for any person to conduct, maintain or operate
or engage in the business of conducting, maintaining or operating a place
of public assembly within the village unless the premises wherein the same
is conducted, maintained or operated are licensed in the manner prescribed
herein.
A license shall be issued for a place of public assembly only after
the Building Inspector:
A.
Shall have caused an inspection to be made of the premises
to be licensed and is satisfied that such premises comply with all the laws
and ordinances that may be applicable thereto, including any rules and regulations
promulgated thereunder and such laws, rules or regulations enforceable by
any governmental authorities.
B.
Is satisfied that the premises to be licensed are a safe
place to be used as such establishment.
A.
A temporary license may be granted for a period not in
excess of 60 days from the date of issuance. However, the holder of a temporary
license must submit a written request to the Building Inspector for each extension
of a temporary license, outlining the reasons therefor. The Building Inspector
may grant not more than a thirty-day extension for each request. No more than
two extensions of a temporary license shall be permitted.
B.
The fee for the extension of a temporary license shall
be $50 for each 30 days or fraction thereof and shall be payable upon application
for each extension. Any fees paid for an extension of a temporary license
shall be nonreturnable and shall not be applicable to the total fee required.
In addition to such other information as the Building Inspector may
determine shall be furnished in any application for a place of public assembly,
the following information shall be given:
A.
The name, age and residence address of each applicant
and if there is more than one and they are partners, the partnership name
and the age and residence address of each partner.
B.
If such applicant is a stock corporation, the name of
the corporation, the names and residence addresses of its directors or other
governing body, the names and residence addresses of its officers and, except
in the discretion of the Building Inspector, the stockholders and the state
under the laws of which it is organized.
C.
The premises to be licensed, stating the street and number,
if the premises have a street and number, and otherwise such description as
will reasonably indicate the locality thereof.
D.
The name and address of the owner of the building or
premises wherein or whereon the licensed premises are located.
E.
Whether the applicant is a lessee and, if so, the name
and residence address of the lessor.
F.
If the applicant does not reside in the village, the
name and address of an agent who shall be a natural person and shall reside
or have a place of business in the village and who shall be authorized to
and shall agree, by verified statement, to accept notices or summonses issued
by the Building Inspector with respect to violations of any law or ordinance
or rules or regulations thereunder, which are enforceable by the Building
Inspector.
G.
The name and residence address of each person interested
or to become interested in the business covered by the license for which the
application is made, together with the nature of such interests.
H.
The nature of the applicant's interest in the business
covered by the license for which application is made and the name of any other
person, either as principal or associate, interested in the licensed premises
or in the business to be covered by the license applied for.
I.
That the person applying for a license has not been convicted
of any crime, misdemeanor or violation of any local law or municipal ordinance,
and, if the person has been convicted, the nature of the crime or violation,
the court where convicted and the date of the penalty assessed.
If there is any change, after granting of a license hereunder, in any
of the facts required to be set forth in the application for license, a supplemental
statement giving notice of such change, duly verified, shall be filed with
the Building Inspector within the 10 days after such change. Failure to do
so shall, if willful and deliberate, be cause for suspension or revocation
of the license. This supplemental statement may be waived by the Building
Inspector, in his discretion, to any corporation with regard to stockholders
holding less than 10% of the issued stock.
In giving any notice or taking any action in reference to a licensee
of licensed premises, the Building Inspector may rely upon the information
furnished in the application for license and in any supplemental statement
connected therewith, and such information may be presumed to be correct and
shall be binding upon a licensee or licensed premises as if correct.
All applicants for public assembly licenses shall be fingerprinted,
unless the Building Inspector deems such fingerprinting unnecessary.
A license shall be issued for a place of public assembly only after the Building Inspector, in addition to those requirements set forth in § 167-5, is satisfied that the applicant is a fit and proper person.
A.
The term of licenses issued hereunder shall be for a
period of one year commencing with March 1 and terminating at the end of the
following February, except that an original license shall be effective from
the date the license is granted to the end of the month of February following.
B.
Renewal applications shall be submitted to the Building
Inspector at least 30 days prior to expiration of the license. Renewals of
license shall be effective for the one-year term above described.
A.
Fees for public assembly licenses issued under this chapter
shall be payable annually and shall be based on the number of persons each
place is designed to accommodate as certified by the Commissioner.
B.
Annual fees.
(1)
Annual fees for public assembly licenses shall be determined
pursuant to the following table:
|
Capacity of Persons
|
Fee Per Year or Fraction Thereof
| |
|---|---|---|
|
0 to 100
|
$100
| |
|
101 to 300
|
$200
| |
|
301 to 600
|
$300
| |
|
601 to 1,000
|
$500
|
(2)
An additional fee of $25 shall be charged for each 100
persons or fraction thereof in excess of 1,000. The maximum fee shall be $500
per year.
C.
Payment; refund. The total fee shall be paid upon submission
of the application for a license. In the event that a license is denied, a
fee of $25 shall be retained for the processing of such application, and the
remainder of the fee submitted shall be returned to the applicant. No fee
or any part thereof shall be returnable if a license is suspended or revoked.
Occupancy requirements shall be determined by the Board of Standards
and Appeals of the State of New York pursuant to Article 17 of the Labor Law
and acts amendatory thereof.
If the Building Inspector shall disapprove an application for a license
under this chapter, he or his duly designated agent shall endorse upon such
application his disapproval thereof and shall attach thereto a statement of
his reasons therefor. The Building Inspector thereafter shall notify the applicant
of such action by regular mail.
A.
Grounds. The Building Inspector, after a hearing upon
notice at which the licensee shall be given an opportunity to be heard, may
suspend or revoke any license issued hereunder, in his discretion, for any
of the following causes:
(1)
A person licensed hereunder making any false material
statement in the application for a license.
(2)
Violation of the Zoning Ordinance.
(3)
Violation of any provision of this chapter.
(4)
Violation of any law, ordinance, rule or regulation applicable
to the licensed premises or enforceable by any governmental authority.
(5)
Conviction of any crime.
(6)
Failure to provide for the health, safety or welfare
of any persons frequenting the licensed premises.
(7)
Other good cause.
B.
Effect. Upon a license hereunder being suspended or revoked,
it shall be unlawful to use or occupy any portion of said premises as a cabaret,
bar and/or lounge, dance hall or discotheque during such period of suspension.
C.
Notice required. The Building Inspector shall send notice
of the suspension or revocation to the person licensed hereunder, and the
Building Inspector or his duly delegated agent shall attach thereto a statement
of his reasons thereof.
Any notice to be given by the Building Inspector under this chapter
shall be deemed to have been duly given when:
A.
Served personally upon the licensed person or sent by
registered or certified mail addressed to his residence.
B.
In the case of a corporate licensee, served personally
upon an officer of said corporate licensee or sent by registered or certified
mail addressed to an officer thereof at his residence, together with a copy
of the notice by ordinary mail to the address of the licensed premises.
C.
Served personally upon or sent by registered or certified mail to the agent designated under § 167-7F.
D.
Served in any manner otherwise specifically provided
in this chapter or in any other lawful manner.
Each license issued hereunder shall be kept conspicuously posted at
the main entrance of every place licensed hereunder.
It shall be unlawful for any person to remove, deface or alter any license
issued hereunder.
No license issued under the provisions of this chapter shall be transferred
or assigned to any person or used by any person other than the licensee to
whom it was issued, nor shall such license be used on any location other than
the location stated in such license.
Every person holding a license under this chapter and every place of
public assembly licensed hereunder shall comply with the provisions of this
chapter, and violation of any of said provisions shall be unlawful.
No light on any part of premises licensed hereunder shall be permitted
to shine beyond the property line of the premises. All exterior lights on
such premises shall be equipped with shielding devices so that the glow emanating
therefrom shall be directed only on and toward such premises.
All garbage, rubbish and other refuse shall be stored until removed
in watertight receptacles not exceeding 30 gallons' capacity and securely
covered. Such receptacles shall be maintained in a sanitary condition and
shall be cleaned at least three times weekly.
No soot, cinders, smoke, noxious acids, fumes, gases or disagreeable
or unusual odors shall be permitted to emanate from the licensed premises
in such manner as to be detrimental to any person or to the public or which
either annoys, disturbs, injures, endangers or may have a tendency to annoy,
disturb, injure or endanger the comfort, repose, health, peace or safety of
any person or the public.
A.
Generally. No loud, unnecessary or unusual noise or any
noise shall be permitted to be made, continued or caused to be made or continued
which either annoys, disturbs, injures or endangers or tends to annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of other persons
or the public.
B.
Music. No music shall be played in any place of public
assembly licensed hereunder either by mechanical device or live performance
in such a manner that the sound emanating therefrom shall be audible beyond
the property line of the premises whereon the place of public assembly is
located. At no time shall music be played either by mechanical device or live
performance in a manner which either annoys, disturbs, injures, endangers
or tends to annoy, disturb, injure or endanger the comfort, repose, health,
peace or safety of other persons or the public.
A.
Any person who shall violate any provisions of this chapter
or any of the rules and regulations adopted by the Building Inspector pursuant
to this chapter shall be guilty of a violation punishable by a fine not exceeding
$1,000 or imprisonment for a period not to exceed 15 days, or both. Each day's
continued violation shall constitute a separate violation.
[Amended 10-10-2006 by L.L. No. 2-2006]
B.
For the purpose of conferring jurisdiction upon courts
and judicial officers generally, violations of this chapter shall be deemed
misdemeanors, and for such purpose only, all provisions of law relating to
misdemeanors shall apply to such violations.
